In re the Claim of LoRusso

Claimant was employed as an administrative assistant for a piano repair company for approximately five months. After she apparently made an error in billing a customer, she was confronted with the error by her employer and became involved in an argument. The employer told claimant to go home for the rest of the day, which was a Friday, and to return to work the following Monday. Claimant never returned to work and applied for unemployment insurance benefits, claiming that she was discharged for a lack of work. After claimant began receiving benefits, it was determined that claimant was disqualified from receiving benefits on the basis that she voluntarily left her employment without good cause. Claimant was also charged with a recoverable overpayment and a forfeiture penalty based upon a finding that she made a willful misrepresentation to receive benefits. Following a hearing, an Administrative Law Judge sustained those determinations and this decision was affirmed by the Unemployment Insurance Appeal Board. Claimant now appeals.

We affirm. Initially, we note that an employer’s criticism of one’s performance does not constitute good cause for leaving employment (see Matter of Esposito [Commissioner of Labor], 62 AD3d 1202 [2009]; Matter of Bouton [Commissioner of Labor], 60 AD3d 1246 , 1247 [2009]). Moreover, “it is within the exclusive province of the Board to resolve issues of credibility raised by conflicting testimony” (Matter of Becotte [Commissioner of Labor], 42 AD3d 790 , 790-791 [2007]). Here, claimant

Cardona, EJ., Rose, Kane, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.